Union européenne

Argentine

Brevets (y compris la protection des variétés végétales)

38. Please explain how your legislation explicitly ensures that a proposed user has made efforts to obtain authorization from the right holder on reasonable commercial terms and conditions and that such efforts have not been successful within a reasonable period of time. In this context, how do you define "reasonable period of time". Please also explain how your legislation ensures that the use of compulsory licence shall be authorized predominantly for the supply to the domestic market of the Member authorizing such use.

Argentine law provides for compulsory licensing, which is regulated by Articles 42 50 of the Law on Patents. See also document WT/DS171/3, WT/DS196/4, IP/D/18/Add.1, IP/D/22/Add.1 of 19 June 2002, point 1.